Introduction
Do you think you can evict your tenant simply because the lease term has ended? Under Turkish law, this is a common misconception. For residential and commercial (roofed) leases, the expiry of a fixed term does not, on its own, give the landlord a right to eviction — the law protects the tenant for a further period. In this article, we explain the conditions under which eviction due to the expiry of the lease term becomes possible, and how the process works.
Why Expiry of the Term Alone Isn’t Enough
The Turkish Code of Obligations (TBK) contains a special provision designed to protect tenants in residential and commercial leases. Under this rule, a fixed-term lease does not automatically end when its term expires; instead, unless one of the parties gives notice of termination, the lease is extended by one year under the same terms. This extension continues for the statutory ten-year period. As a result, a landlord cannot demand eviction simply because the written one-year (or otherwise agreed) term has ended.
For example, take a one-year lease running from January 1, 2025 to December 31, 2025. The landlord cannot evict the tenant as of January 1, 2026 merely because the term has ended — the lease automatically continues unless the tenant gives notice of termination. Unlike the landlord, however, the tenant may leave whenever they wish by giving notice at least 15 days before the term ends (in this example, by December 16, 2025 at the latest) — the law deliberately builds in this asymmetry in the tenant’s favor.
What Is the Ten-Year Extension Period?
Under Article 347 of the TBK, unless the tenant terminates the lease, the tenancy continues automatically for a ten-year extension period. This ten-year period does not run from the date the lease was signed, but from the end of the first term agreed in the lease. Once the ten-year extension period has elapsed, the landlord may terminate the lease without giving any reason, provided notice is given at least three months before the end of each subsequent extension year.
In short, two conditions must both be met for the right to eviction to arise:
- The ten-year extension period must have elapsed, and
- Proper notice (a termination warning) must be given at least three months before the end of the rental year following that period.
How Should Notice Be Given?
Sending the termination notice through a notary provides the strongest evidence in any later eviction lawsuit. The notice must clearly state the date on which the lease will end, and the three-month period must be strictly observed — notices that fail to meet this deadline are invalid and result in the lease being extended by another year. If proper notice has been given and the tenant still fails to vacate the property, the landlord may file an eviction lawsuit with the civil court of peace (sulh hukuk mahkemesi).
Practical Notes for Owners Living Abroad
For owners living in Germany who have rented out property in Turkey, this process matters in two particular respects:
- Correctly tracking the dates: Correctly calculating when the ten-year period began and when the three-month notice deadline falls can easily be missed when managed from abroad. Having a lawyer track these dates prevents the lease from being extended by another year unnecessarily.
- Handling it through a power of attorney: Sending the notarial notice and, if necessary, filing the eviction lawsuit can be carried out by an authorized lawyer under a power of attorney — allowing the entire process to be managed from start to finish without traveling to Turkey.
Not to Be Confused With Other Eviction Routes
The expiry of the ten-year extension period is not the only route to eviction. Where the tenant fails to pay rent, uses the property contrary to the lease, or the landlord has a genuine need for the property, eviction can be sought without waiting for this period to elapse. Each of these routes is subject to different requirements and is addressed in its own dedicated article. See our articles on Eviction for Use of the Property Contrary to the Lease Contract, Eviction for Default in Rent Payment, and Eviction for Two Justified Warnings.
Conclusion
The expiry of a lease term does not, on its own, give the landlord a right to eviction; this right only arises once the ten-year extension period has elapsed and proper notice of termination has been given within the required timeframe. Failing to correctly track the dates and notice procedure only causes the process to drag on unnecessarily.
If your lease term is coming to an end and you would like to start the eviction process, feel free to contact us so we can handle the process on your behalf from abroad, through a power of attorney.
